S.Amdt. 656

SA 656. Ms. KLOBUCHAR (for herself and Mr. Graham) submitted an
amendment intended to be proposed by her to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military

[[Page S4575]]

personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ASSISTING STATES IN ADOPTING BEST PRACTICES FOR
PROTECTING THE INTEGRITY OF FEDERAL ELECTIONS.

(a) Development of Best Practices.--
(1) In general.--The Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) is amended by inserting after section
247 the following new section:

``SEC. 248. STUDY AND REPORT ON BEST PRACTICES FOR PROTECTING
THE INTEGRITY OF FEDERAL ELECTIONS AND FOR
STORING AND SECURING VOTER REGISTRATION DATA.

``(a) In General.--The Commission, in consultation with the
National Institute of Standards and Technology, the Secretary
of the Department of Homeland Security, the Election
Assistance Commission Standards Board, the Election
Assistance Commission Board of Advisors, the Election
Assistance Commission Technical Guidelines Development
Committee, the National Association of Secretaries of State,
the National Association of State Election Directors, the
National Association of Election Officials, the International
Association of Government Officials, the National Association
of State Chief Information Officers, the Multi-State
Information Sharing and Analysis Center, and other
stakeholders the Commission determines necessary, shall
conduct a study on each of the following:
``(1) Best practices for cybersecurity of Federal
elections, including best practices for storing and securing
voter registration data.
``(2) Best practices for election audits.
``(b) Public Hearings.--In conducting each of the studies
under this section, the Commission shall hold public
hearings.
``(c) Issues Considered.--
``(1) Cybersecurity of federal elections, including best
practices for storing and securing voter registration data.--
In conducting the study under subsection (a)(1), the
Commission shall consider the following:
``(A) The interference by foreign actors in the 2016
Federal election.
``(B) The opinion of intelligence officials that foreign
states are likely to attempt to interfere in future Federal
elections.
``(C) Election administration profiles based on the
cybersecurity framework of the National Institute of
Standards and Technology.
``(D) Best practices for storing and securing voter
registration data.
``(E) All components of election infrastructure, as
designated by the Secretary of Homeland Security, on January
6, 2017, as a subsector of a critical infrastructure sector
(as defined in section 2001 of the Homeland Security Act of
2002 (6 U.S.C. 601)).
``(F) The implications of the aging of voting equipment on
cybersecurity.
``(G) Any existing Federal funding sources that may be used
to assist State and local governments to improve election
cybersecurity.
``(H) Any related issues the Commission identifies as
necessary to complete a comprehensive study of best practices
for cybersecurity of Federal elections.
``(2) Election audits.--In conducting the study under
subsection (a)(2), the Commission shall consider the
following:
``(A) Public confidence in the administration of Federal
elections.
``(B) Verifying the integrity of the election process.
``(C) Confirming the accuracy of results reported by the
voting system.
``(D) Ensuring that the voting system is accurately
tabulating ballots.
``(E) Ensuring that the winners of each election for
Federal office are called correctly.
``(F) Current State requirements related to election
audits.
``(G) Durational requirements needed to facilitate an
election audit prior to election certification, including
variations in the acceptance of postal ballots and election
certification deadlines.
``(H) Administrative requirements and challenges for
various types of election audits.
``(I) The potential to identify areas of improvement in
election administration using varying types of election
audits.
``(J) The use of voting systems producing voter-verified
paper ballots.
``(K) Any related issues the Commission identifies as
necessary to complete a comprehensive study of best practices
for election audits.
``(d) Report and Recommendations.--Not later than the date
that is 6 months after the date of the enactment of this
section, the Commission shall submit a report to the
Committee on Rules and Administration of the Senate and the
Committee on Administration of the House of Representatives
on each of the studies conducted under this section, together
with recommendations with the matters described in paragraphs
(1) and (2) of subsection (a).''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section
247 the following new item:

``Sec. 248. Study and report on best practices for protecting the
integrity of Federal elections.''.
(b) Election Technology Improvement Grants.--
(1) In general.--The Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) is amended by adding at the end the
following new title:

``TITLE X--ELECTION TECHNOLOGY IMPROVEMENT GRANTS

``SEC. 1001. ELECTION TECHNOLOGY IMPROVEMENT GRANTS.

``(a) In General.--The Commission shall make a payment in
an amount determined under section 1002 to each State which
meets the conditions described in section 1003.
``(b) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), a
State receiving payment under this title shall use the
payment--
``(A) in the case of a State that has undergone a Security
Risk an Vulnerability Assessment from the Department of
Homeland Security with respect to the State's election
system, to address any recommendations or vulnerabilities
resulting from such assessment, and
``(B) to implement the recommendations of the Commission
under section 248(d) in accordance with the plan developed
under section 1003.

In the case of a State described in subparagraph (A), no
amount of the payment received under this title may be used
for any purpose described in subparagraph (B) before the date
the State submits a State plan that meets the requirements of
section 1003(b)(1)(A).
``(2) Other activities.--A State may use a payment under
this title to carry out other activities to improve the
administration of elections for Federal office if the State
certifies to the Commission that--
``(A) the State has implemented the recommendations of the
Commission under section 248(d);
``(B) the State will use any remaining funds to improve,
upgrade, or acquire new technological equipment related to
election administration, which may include--
``(i) voting machines;
``(ii) election management systems;
``(iii) electronic poll books;
``(iv) online voter registration systems;
``(v) participation in the Electronic Registration
Information Center;
``(vi) accessible voting equipment; and
``(vii) other technological upgrades identified by the
Commission in the studies conducted under section 248(a); and
``(C) the State has appropriated funds for carrying out
such activities in an amount equal to 10 percent of the total
amount to be spent for such activities (taking into account
the payment under this section and the amount spent by the
State).

No amount of the payment received under this title may be
used for any purpose described in this paragraph before the
date the State submits the certification described in section
1003(b)(1)(C).
``(3) Prohibition on use for voting machines not producing
voter-verified paper ballots.--
``(A) In general.--None of the payments provided under this
title may be used for any voting system that does not produce
a voter-verified paper ballot.
``(B) Exception.--Subparagraph (A) shall not apply to any
payment used for the purposes described in paragraph (1)(A).

``SEC. 1002. ALLOCATION OF FUNDS.

``(a) In General.--Subject to subsection (c), the amount of
a payment made to a State under this title shall be equal to
the product of--
``(1) the total amount appropriated for payments pursuant
to the authorization under section 1007; and
``(2) the State allocation percentage for the State (as
determined under subsection (b)).
``(b) State Allocation Percentage Defined.--The `State
allocation percentage' for a State is the amount (expressed
as a percentage) equal to the quotient of--
``(1) the voting age population of the State (as reported
in the most recent decennial census); and
``(2) the total voting age population of all States (as
reported in the most recent decennial census).
``(c) Minimum Amount of Payment.--The amount of a payment
made to a State under this section may not be less than--
``(1) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the total
amount appropriated for payments under this title under
section 1007; or
``(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of Northern Mariana Islands,
or the United States Virgin Islands, one-tenth of 1 percent
of such total amount.
``(d) Pro Rata Reductions.--The Commission shall make such
pro rata reductions to the allocations determined under
subsection (a) as are necessary to comply with the
requirements of subsection (c).
``(e) Continuing Availability of Funds After
Appropriation.--A payment to a State under this title shall
be available to the State without fiscal year limitation.

``SEC. 1003. CONDITION FOR RECEIPT OF FUNDS.

``(a) In General.--A State is eligible to receive a payment
under this title if the chief executive officer of the State,
or designee, in consultation and coordination with the chief
State election official, has filed with the Commission a
statement certifying that the State is in compliance with the
requirements referred to in subsection (b). A State may meet
the requirement of the previous sentence by filing with the
Commission a statement which reads as follows:

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